6th Circ. Upholds Black Lung Benefits For Deceased Miner

Law360, Chicago (January 14, 2013, 2:25 PM EST) -- The Sixth Circuit on Friday upheld a black lung benefits award for a now-deceased career coal miner, shooting down Buck Creek Coal Co. and Old Republic Insurance Co.'s challenge to a ruling that found the miner's condition had changed since his previous claims were rejected.

In a published opinion, a three-judge appellate panel found that an administrative law judge properly applied the relevant labor benefits regulation, 20 C.F.R. § 725.309, when awarding benefits on long-time miner Frable Sexton's claim under the Black Lung Benefits Act, which...